Relevancy of CLS Movement in Jurisprudence; A Reference of Nepal

Abstract

Critical Legal Studies (CLS) is the movement, as the successor of American realism, rejects almost all previous philosophy of law. According to this movement, early philosophy has only analyzed brighter aspect of the laws and has forgotten darker side. As each and every discipline has both dark and bright aspect, CLS movement has only looked upon darker aspect of the legal activities. It has evaluated the law from the top of the Ivory Tower. Prior than this movement, the critical tradition was appeared in other social discipline. Gradually, it started to influence in the field of law. CLS movement emerged when some of the professors of Yale Law School i.e. Mark Tushet, Duncan Kennedy, David Trubek was fired from their jobs as they became extreme critic of formalist tradition of legal education and unconcerned behaviour of senior professor. Later, some of the professor of the Harvard Law School widely criticized and demanded for reappointment of them. Instead, they also became scapegoat. Then, they started to lunch movement from critical tradition with series of conferences, seminars and symposium continuously. Student also exhibited their concern in inconsistencies of law in book and law in actions. The fired professors also adapted the movement of students. All these incidents contributed critical legal study movement to be flourished in America, which gradually spread into other country. They looked at dark side of legal discipline in multitude of issues. They developed new dimensions to look upon legal discipline which is later accepted by feminism jurisprudence and LatCrit movement with racial rights issues. Finally, hierarchy without quality is rejected by this movement.